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Labor/Employment

Jan. 19, 2024

High court: Judges can’t strike PAGA claims for manageability

“This is a case with major consequences in the field of employment law. The right to pursue these claims has been endorsed by the state Supreme Court,” said the plaintiff’s attorney, Clifton E. Smith.

Photo Courtesy of the California Supreme Court

Resolving a lower court dispute, the state Supreme Court ruled Thursday that trial court judges do not have an inherent ability to strike claims brought under the Private Attorneys General Act even if the jurists conclude that trying them all would be unmanageable.

The decision is another major victory for plaintiffs’ attorneys in PAGA cases before California’s highest court despite concerns expressed by justices during oral arguments about...

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